Kansas bans minors from possession of e-cigs

Status
Not open for further replies.

Petrodus

Vaping Master
ECF Veteran
Oct 12, 2010
7,702
8,132
Midwest
New Kansas law that goes into effect July 1 bans possession
of e-cigarettes by anyone under 18

Illegal to sell e-cigs to minors is understood.
However, laws that make it illegal to Use OR Possess e-cigs
places PVs in the category of Illegal drugs and associated paraphernalia.

Article: Click Here
Another article: Link
 
Last edited:

mwplefty

Senior Member
ECF Veteran
Apr 28, 2012
185
56
32
Chicago, IL
I'm against this, although the Kansas has their 10th Amendment right to draft such a law. I know that I'm going to get a lot of flak for this but here it goes. About 2 years ago, Spokane County, Washington banned the sale of e-cigs to minors, becoming one of the first localities in the country to do so. A local news affiliate covered the story and interviewed a then-15-year-old analog smoker. He had been smoking since he was 11 and was trying to quit. He was introduced to the e-cigarette. Before the law went into effect, most private establishments in Spokane County had banned the sale (but not possession or use) of e-cigs by minors. However once the law went into effect, this boy could no longer risk being seen with such a device, something that could have helped him quit. He feared that the lack of availability of the e-cig and the consequences of underage vaping would prevent him from laying off the cancer sticks he was using at the time. I understand that the vaping community wants to present itself professionally to the public and build a remarkable reputation with an already skeptical crowd by taking a firm stance against vapers under 18. But I don't see it in any way benefitting the young children who, for whatever reason, began smoking, physically cannot stop, and struggle unsuccessfully with the "legal" methods of the nicotine patch and Chantix.
 

Petrodus

Vaping Master
ECF Veteran
Oct 12, 2010
7,702
8,132
Midwest
I started smoking when I was 14 yrs old and understand where your coming from.

Minors have no real problems getting and smoking cigarettes. Minors wishing to
switch to vaping will do the same.

My issue with the Kansas law is that it makes it a crime for a minor to use
an e-cig as well as even having one in their possession, which screams
illegal drug and associated paraphernalia.

I'm not familiar with Kansas laws but wonder if the same applies to cigarettes.
I doubt it.

I can just see kids in schools being patted down for e-cigs. Those caught with
tobacco get a verbal (at best) ... those caught with a PV get suspended and
the cops are called.

Of course, a minor smoking is "no news" ... However, a youth caught vaping
would be "newsworthy".

Edit: Kinda sorta along the same topic
Remembering back to the Viet-Nam era ... We complained, "No problem with
us carrying and using an M-16 ... but illegal to buy a beer"
 
Last edited:

nerofiend

Full Member
Verified Member
Apr 23, 2010
63
62
49
Wichita, KS
Im in Kansas but I never heard a single word about this law even being talked about. In fact this is the first i have heard of it. This is a normal thing here, they suddenly have a new law that no Kansan hear anything about and suddenly your issued a ticket or put in a patrol car for the infraction.

If anyone knows of who i need to contact i would be more than happy to stroll on in and let them know how this law needs to be changed.

As far as i know or remember, possesion of analogs under the age of 18 only gets you a scolding and them taken away. Of course under 18 you cannot purchase them but being in possesion gets you in no trouble. I fully agree with Petrodus, this law is not the way things should be done, illegal to purchase or sell to minors is one thing, but making it a crime to posses anything associated with them is totally different.

I also wonder how far this law will go to get a prosecution, If you have to posses a fully working device or if they will start issuing offences for possesing an atomizer or battery, or if having the liquid will get you locked up?
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
The headline for the first article is somewhat misleading.

Thompson said school districts could create their own policies prohibiting possession of the items on school property but that it was not illegal for students to have or use e-cigarettes.

So it is only sales to minors, not possession, that is illegal.
 

nerofiend

Full Member
Verified Member
Apr 23, 2010
63
62
49
Wichita, KS
The headline for the first article is somewhat misleading.



So it is only sales to minors, not possession, that is illegal.

I really hope your right about this. Kansas is about as sneaky as they come when it gets into its law passing trickery. I need to get hold of the actual write up for it and make sure they didnt slip something sneaky into it.
 

kristin

ECF Guru
ECF Veteran
Aug 16, 2009
10,448
21,120
CASAA - Wisconsin
casaa.org
The headline for the first article is somewhat misleading.

So it is only sales to minors, not possession, that is illegal.

I just looked up the law. It states:
Section 1. K.S.A. 2011 Supp. 79-3321 is hereby amended to read as
follows: 79-3321. It shall be unlawful for any person:

(m) Who is under 18 years of age to purchase or attempt to purchase
cigarettes, electronic cigarettes or tobacco products.

(n) Who is under 18 years of age to possess or attempt to possess
cigarettes, electronic cigarettes or tobacco products.

http://www.kslegislature.org/li/b2011_12/measures/documents/hb2324_enrolled.pdf

So it IS illegal for anyone under 18 to purchase and/or possess tobacco and e-cigarettes in Kansas.

Here is how well the Kansas law is helping keep kids from smoking: CDC - Tobacco Control State Highlights 2010 - Kansas - Smoking & Tobacco Use

Youth (12-17 years) smoking rate is nearly 12% (or about double the national average,) putting the Kansas youth smoking rate in the bottom 40% in the country (ranked 39th out of the states = bad rating) for youth smoking.
 

Petrodus

Vaping Master
ECF Veteran
Oct 12, 2010
7,702
8,132
Midwest
Kristin ... Thanks for the research

So ... My mental picture is if any kid under 18 is caught smoking
a cigarette ... basically (at best) a firm "No No". However, if the
same kid is caught with an e-cig in his/her pocket ...
then The War Against Drugs thing kicks in.
:p

NannyAlert.jpg
 
Last edited:

mwplefty

Senior Member
ECF Veteran
Apr 28, 2012
185
56
32
Chicago, IL
Anyone know if it is illegal for a minor to possess or use tobacco cigarettes in Kansas, or just to sell to minors?

Probably not. There's a double standard I'm sure. E-cigs are safe, but if a minor possesses them, he will get fined. However, if a minor possesses dangerous, lethal tobacco cigarettes, he will just get a slap on the wrist. This is why I've come to the conclusion that the government doesn't give two sh!ts about public health and safety. It's all about which lobbyist group has the most influence.....and forks over the most money.
 

Ryedan

ECF Guru
ECF Veteran
Verified Member
Mar 31, 2012
12,869
19,652
Ontario, Canada
Youth (12-17 years) smoking rate is nearly 12% (or about double the national average,) putting the Kansas youth smoking rate in the bottom 40% in the country (ranked 39th out of the states = bad rating) for youth smoking.

Kristin, I just had a look at the chart for youth smoking. The way I read it, the national average is 10.1% and the Kansas average is almost 12%. please correct me if I've got it wrong :confused: ! Still high, but not quite as bad as almost double the national average.
 

kristin

ECF Guru
ECF Veteran
Aug 16, 2009
10,448
21,120
CASAA - Wisconsin
casaa.org
Kristin, I just had a look at the chart for youth smoking. The way I read it, the national average is 10.1% and the Kansas average is almost 12%. please correct me if I've got it wrong :confused: ! Still high, but not quite as bad as almost double the national average.

No, you're right. I swear I read somewhere it was lower for national - must have been a different site. Or maybe I just misread that page when I looked quickly for the number to post, because it does say the youth smoking rate ranges from 6.5% to 15.9% over the states. So, the Kansas rate is nearly double the national low, not the national average.
 
Status
Not open for further replies.

Users who are viewing this thread